Florida Immigration Law Blog

U.S. Visa Application Fees to Change on April 13th

By Tulio G. Suarez, Esq. on Posted in Visas

On March 29, 2012, the Department of State (DOS) published an interim final rule in the Federal Register to adjust visa processing fees. Effective April 13, 2012, the fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while fees for E visas (treaty-traders and treaty-investors) and K visas (for fiancé(e)s of U.S. citizens), as well as for all immigrant visas will decrease.

DOS asserts that the adjustment to the fee schedule is necessary because the current fees no longer cover the actual cost of processing nonimmigrant visas.  The nonimmigrant visa fee increase is thus expected to provide additional revenues to support the addition and expansion of overseas facilities, as well as additional staffing required to meet increased visa demand.

Applicants that paid visa fees before April 13, 2012 which will be increasing under the new fee schedule will not have to pay the difference between the new and old fee amounts, provided that their visa interviews take place on or before July 12, 2012.  Beginning July 13, 2012, these applicants will be required to pay the difference between the old and new fees.  Furthermore, Applicants who paid a visa fee before April 13, 2012, which will be decreasing under the new fee schedule will not receive a refund.

Go to the Press Release and Visa News to learn more.

Department of Labor Announces H-1B Technical Skills Training Grants

By Tulio G. Suarez, Esq. on Posted in Department of Labor

U.S. Department of Labor (DOL) announced today that it has awarded more than $183 million in grants to industries in 28 states that rely on the H-1B visa program for skilled workers. The grants will be used to provide education, training and job placement assistance aimed at helping American workers fill jobs in high-growth fields in which employers are currently using the H-1B nonimmigrant visa program to hire foreign workers.

This is the second round of funding in connection with Solicitation for Grant Applications (SGA) DOL published last year in the Federal Register. In the first round of funding last October, DOL awarded more than $159 million to 36 grantees. Between the two rounds of grants, more than $163 million has been designated to provide on-the-job training for U.S. workers in fields such as information technology, advanced manufacturing and health care.

The original SGA announced funding of $240 million to be awarded through two rounds of funding. However, about $100 million more than anticipated has been awarded as a result of additional H-1B visa fees collected.

The DOL press release includes a complete list of grantees, including their locations, award amounts and targeted industries.

High Denial Rates of L-1 & H-1B Petitions Compromise American Global Competitiveness

By Tulio G. Suarez, Esq. on Posted in Employment Based Visas, Visas

A National Foundation for American Policy (NFAP) Policy Brief published this month, analyzed data reported by United States Citizenship and Immigration Services (USCIS), and found a rising trend in the issuance of Requests for Evidence (RFEs) and denials of visa petitions for L-1 (intra-company transferees) and H-1B professionals over the past four years. The brief concludes that a significant increase in denial rates and RFEs during the past four years have made it far more difficult for skilled foreign nationals to work in America. As a result, companies are increasingly considering moving more work out of the United States to ensure more predictability and avoid the difficulties of the U.S. immigration system that hamper performance in a highly competitive global marketplace.

The brief reports that USCIS adjudicators have significantly increased denials, as well as time-consuming RFEs, even though there has been no change in the Continue Reading

USCIS Announces Intent to Implement Stateside Processing for Certain Waivers

By Tulio G. Suarez, Esq. on Posted in Deportation, Family Immigration

Under current law, spouses and children of U.S. citizens who enter the U.S. unlawfully are ineligible to apply for lawful permanent residence inside the United States through a process known as “Adjustment of Status.”  Instead, they are required to leave the United States in order to apply for an immigrant visa at the consulate in their home countries. Upon leaving the U.S., these spouses and children often become subject to a three or ten year bar to reentry due to their prior unlawful presence in the U.S. Once outside the U.S., these spouses and children may apply for a waiver of such bars in order to be reunited with their U.S. citizen families.  However, this process can take several years.

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed procedural change in the adjudication of the I-601, Application for Waiver of Ground of Inadmissibility, in cases involving spouses and/or children of United States citizens facing such bars to reentry. The proposed process would allow these Continue Reading

Homeowners’ Visas: Attracting Foreign Investors to the U.S. Residential Real Estate Market

By Tulio G. Suarez, Esq. on Posted in Real Estate, Visas

Margo D. Beller of CNBC reported last month about a congressional bill introduced by Senator Charles Schumer (New York), and Senator Mike Lee  (Utah), aimed at attracting foreign investment to the U.S. housing market in another legislative effort to jumpstart the U.S. sputtering economy. The Visa Improvements to Stimulate International Tourism to the United States of America Act, or VISIT-USA Act (S.1746), could help move the inventory of unsold homes in the U.S. by offering foreign purchasers of U.S. homes a renewable three-year “homeowner’s visa.” It could further serve to accelerate the U.S. economic recovery by generating additional consumer spending and tax receipts.

“X” Visas: Real Estate Investments of $500,000 or More Would Qualify

The VISIT-USA Act upon enactment would establish an X (non-immigrant) visa (renewable every three years) for foreign investors, and their accompanying spouse and children, who invest and maintain a total of $500,000 in U.S. residential real estate, of which at least $250,000 must be invested in a primary Continue Reading

Are Foreigners “Welcomed to America”?

By Tulio G. Suarez, Esq. on Posted in Immigration Enforcement

I previously wrote how Immigration Enforcement Hurts Florida Citrus Industry. In that post, I referred to efforts by the Florida Governor and Legislature to enact immigration enforcement laws akin to those in Arizona and most recently in Alabama.

Many such legislative efforts are justified under the mantra of national security, creation and/or protection of jobs in the U.S economy. While both of these are worthy goals in a free and democratic society such as ours, such laws should not place undue burdens on the personal freedom of citizens and non-citizens alike.

Unfortunately, many such legislative efforts are falling short. Not only are they Continue Reading

Migrant Workers: Caught in the Political Crossfire

By Bruce E. Sands, Esq. on Posted in Immigration Enforcement

More often than not, when the term “illegal alien” is used, the image most people associate this with is the undocumented migrant worker. For whatever reason, migrant workers have been cast in a very poor light. Is that fair? Who knows. I do know one thing: the role that migrant workers perform in our economy is vastly misunderstood; and these misperceptions make them easy political targets.

On October 4, 2011, both houses of Congress held separate subcommittee meetings which addressed immigration issues. Specifically, the Senate Subcommittee on Immigration, Refuges and Border Security heard testimony from several witnesses about the need for reform of the U.S. immigration policy towards migrant labor with respect to the agricultural industry. The general consensus among the “experts” was that of the 1.8 million manual labor farm jobs (primarily related to harvesting fruits and vegetables), between 1.2 million and 1.4 million of those positions were held by undocumented workers. Well, what would happen if all of the undocumented workers were deported? The answer, based on the testimony given, would surprise most Americans.

Myth #1:  Foreign Workers Hurt the U.S. Economy

First, it must be pointed out that for every “farm-job” (manual farm laborer), there are two “non-farm jobs” held primarily by U.S. citizens. In other words, Continue Reading

Immigration Enforcement: Perception Versus Reality

By Bruce E. Sands, Esq. on Posted in Immigration Enforcement

Last week I had the opportunity to speak to the European-American Network’s luncheon in Bonita Springs, Florida. Though my time was limited, I wanted to address two common mis-perceptions amongst persons who do not deal with immigration related issues on a regular basis. The first misperception, which I will address in this post, is that the current administration’s enforcement activities have been lax; the second misperception, that I will address in a later post, is that migrant workers can “stand in line” to get visas.


Recent Enforcement Activities

Despite the current campaign rhetoric wherein the Republican Presidential candidates continually complain of lax enforcement of our immigration laws, the reality is that the Obama administration has been very aggressive in locating and deporting “unauthorized” and “undocumented” persons in the United States regardless of any special circumstances. ICE (Immigrations and Customs Enforcement) officers have been making headlines by raiding businesses that have a large “unskilled” workforce in order to search for potential “illegal” aliens, despite the massive disruption to the businesses raided. This includes “I-9 Audits” of companies where ICE officers will review a company’s I-9 forms to verify that the I-9’s for employees of these targeted companies are in perfect order. Juxtapose this with the DOJ (Department of Justice) taking actions against employers who “do too much” to verify a person’s employment eligibility and you have created a nerve-racking environment for employers, just when employers need it most.

Continue Reading

2013 Diversity Visa Registration Opening Soon

By Amanda L. Brock, Esq. on Posted in Visas

Each year, the U.S. Department of State administers the Diversity Visa Program to allow foreign nationals the opportunity to become permanent U.S. residents. Like any lottery, the odds of winning are extremely low, yet it offers a free opportunity to throw your name in the proverbial hat that is simply too good to pass up for many foreign nationals otherwise unable to seek permanent residency by other means.

This year’s lottery will open at 12pm, EDT, on Tuesday, October 4, 2011 and will close at 12pm, EDT, on Saturday, November 5, 2011. Applicants must submit entries on-line during this period at www.dvlottery.state.gov. The application is fairly straightforward and generally does not require the assistance of an immigration lawyer to complete. However, if an applicant is selected, he or she must take certain steps to secure the visa opportunity and process the appropriate documentation within a specific timeframe, so it may be prudent at that point to engage an attorney for assistance navigating the process.  Also, if the foreign national has a criminal record, entered the US without permission, or stayed in the US beyond the date authorized by a nonimmigrant visa, he or she may also want to consult with an immigration attorney prior to entering the lottery Program.

While the Program is designed with the best of intentions, there have been an incredible number of scams over the years attempting to pray on those entering the lottery. Please beware of these scams!  The only way to determine whether you are selected in the lottery is to return to the website at www.dvlottery.state.gov beginning May 1, 2012 and login using your confirmation number. Successful applicants will then receive specific instructions of how to proceed to obtain the visa.

Please note that residents of the following countries are ineligible for the Program due to federal regulations: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. For additional information, please visit http://www.travel.state.gov/visa/immigrants/types_1318.html.

Immigration Enforcement Hurts Florida Citrus Industry

By Tulio G. Suarez, Esq. on Posted in E-Verify, Uncategorized

I previously blogged on the pros and cons of the mandatory use of E-Verify after the introduction of H.R. 2164, the Legal Workforce Act, which would mandate employment verification through the use of the Department of Homeland Security’s E-Verify® electronic employment verification system. Recently Florida Trend’s Will Gorham featured an excellent article by Kevin Bouffard on the growing concerns the Florida Citrus Industry has expressed over national and state-wide efforts increasingly focused on enforcing immigration laws, while comparable efforts for immigration reform that would provide the labor needed by industries like agriculture remain deadlocked.

Bouffard’s article keenly highlights how the polarized debate on illegal immigrants and the U.S. Immigration system has affected Florida business. Bouffard reports that Florida citrus growers feel that this year’s labor shortage was a consequence of a national and local political discussion focused only on aggressive enforcement of immigration laws, as a result of which, many of laborers left the state.  Bouffard’s states:

The [labor] shortage occurred — not coincidentally, many Florida citrus people said — as the Legislature was debating an Arizona-style immigration law that included mandatory e-Verify use, among other restrictions.”

Earlier this year, a state initiative promoted by Governor Rick Scott to mandate the use of E-Verify® by Florida employers failed to garner the necessary support in the Florida legislature. However, it is anticipated that such initiatives will be introduced during future legislative sessions.

Much is reported on the effects of illegal immigrants on our health care system, national security and educational system. However, Bouffard’s article sheds light on a point that is oft-ignored:  immigrants, including illegal immigrants contribute to our economy and society. The experience of the Florida Citrus Industry lends support to the argument that there are in fact jobs that Americans are unwilling to do, even if we deport all illegal aliens and close down the borders. It is naive to think that a deport-them-all approach without meaningful immigration reform that allows reasonable options for individuals and employers is a workable scheme.